Legal Question in Personal Injury in California

i was detained on my way back from mexico at the border for a no negative contact restraing order that was put on me by the riverside county court after a domestic violence charge i had late last year. the terms were that i could have contact just no negative contact with my girlfriend(she was traveling with me). the agents at the border searched me and put me in a cell until an imperial county sheriff came and told me i was under arrest and took me to the Imperial county jail. i explained to him that it was a no negative contact restraing order and that i wasnt violating it before he took me away. he told me he would write in the report that i missunderstood the restraing order for the judge to read. the sheriff told me i would be transported to riverside county and that it would be on my record. after about 3 hours of sitting in jail in handcuffs he realized it was true. and told me i was not under arrest and that i would be released. he dropped me off outside a casino at around 10pm to wait for my ride which was about an hour away on its way back home. is there any legal action i can take?


Asked on 4/23/10, 3:08 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you were to sue the police, they would possibly retaliate by breaking your bones. Better to leave well enough alone. You could file a complaint in writing, which could help you in a possible future lawsuit. Watch out for legal time limits. Yours is an interesting story. I never knew the border agents cared about, or even had access to, state court DV restraining orders. Thanks for sharing.

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Answered on 4/28/10, 3:33 am
Edward Hoffman Law Offices of Edward A. Hoffman

This seems to have been an honest mistake. If so, there's probably nothing you can do. Police can be held liable for willful misconduct, but even you say that the officer initially believed you had violated the order. I doubt you could win a suit against the department. And even if you could, a few hours of detention wouldn't justify much in the way of damages and thus probably wouldn't entice any lawyers to represent you on a contingent basis.

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Answered on 4/28/10, 5:49 pm


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